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A14929 An abridgement of all sea-lavves Gathered forth of all writings and monuments, which are to be found among any people or nation, upon the coasts of the great Ocean and Mediterranean Sea. And specially ordered and disposed for the use and benefit of all benevolent sea-farers, within his Majesties dominions of Great Brittain, Ireland, and the adjacent isles thereof. By William Welvvod, professor of the civill lawe. Welwood, William, fl. 1578-1622. 1636 (1636) STC 25238; ESTC S119612 51,299 268

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by way of assistance and that by commission and in difficile causes as was found in the action intended by Antoin de la tour against one Christian Marteis 6 Novem. Anno 1542. In which jurisdiction the first power necessary is to constitute a Vice-Admirall and Captaines to supply his absence on sea as also Deputies for particular parts on the coasts with the Crowners to view the dead bodies found on sea or found on the coasts thereof and Commissioners or Iudges generall for exercising justice in his high Court on land with Clerkes Procurers Doome-sayers Marshals and other Officers for the exercising of their said jurisdiction both in peace and warre and therefore to sit and hold Courts where they please to execute justice to imprison and relaxe and to command the Kings prisons and borroughs their prisons to receive and keepe their warders and prisoners Finally their authority should be distinctly acknowledged in all things pertaining to sea-faring It is true that in Scotland before the erection of our Admirall after the example of other Nations the Deanes of Gild were ordinarily Iudges in civill debates betwixt Mariner and Merchant as the Water-baily betwixt Mariner and Mariner like as the high Iustice was Iudge in their criminals Which actions all now falling forth betwixt the persons aforesaid of due appertaines to the jurisdiction of the Admirall and therefore his Iudge depute or Commissar called Iudge Admirall and none other should sit cognost determine and minister iustice in the foresaid causes as likewise upon all complaints contracts offences pleas exchanges assecurations debts counts charter-parteis covenants and all other writings concerning lading and unlading of shippes fraughts hyres money lent upon casualties and hazard at sea and all other businesses whatsoever amongst sea-farers done on sea this side sea or beyond sea not forgetting the cognition of writs and appeales from other Iudges and the causes and actions of Represals or Letters of Marque yea to take stipulations cognossians and insinuations in the bookes of the Admiraltie and to doe all other things without which the jurisdiction of the Admiraltie cannot stand nor beare out and therefore to arrest and put in execution to inquire within and without liberties by the oathes of xij men upon all offences As first touching the revealers of the King Countrey their secrets over sea in time of warre Item against Pyrats their Assisters or Abbetters Out-treaders and Receptors Item against fortifiers of the Kings enemies and ha●●ers of his friends Item against the breakers of the Admirals arrestments and attachments Item against goods forbidden and merchandise not customed and yet shipped and transported Item against the resisters of the Admirall his officers in executing his precepts Item against the forestallers regraters and dearthers of corne fish drinke fire-wood victuals carried over sea Item against pleaders before other Iudges than before the Iudge Admirall in causes pertaining to his iurisdiction as also against the Iudges cognoscing therupon Item against them which give Sea-brieves Testimonials or such like over sea without power or licence from the Admirall Item against transporters and carriers of traitors rebels manifest transgressors and fugitives from iustice over sea Item against hirers and fraughters of ships of other nations when they may be served by their own nation Item against such as cast in ballasting sand or what else in harbours or channels that may defile or spoyle the same Item against shippe and boat-wrights extortioning the Lieges or subjects Item against taking away the boigh from the anchor or cutters of cables or other tewes Item against false weights and measures by sea Item against shedders of other mens bloud on sea or any Port or river below the first bridge next the sea or them who are lamed or hurt through faulty and ill geare in ship Item against Customers or Water-bailies taking more custome or anchorage than wont Item against such as absent themselves from wappinshewing or mustering which the Admirall may ordaine twise a yeere in time of warre and once in two yeares in time of peace upon all dwellers at Ports and Harbors or within one mile neere thereunto Item all sorts of transgressions committed by sea-men ferry-men water-men as well in floud rivers and creekes from the first bridge as on the seas Fishers Pilots Shipwrights pressed men contemning the authority of the Admirall and after due cognition to levie and apply to his owne use the penalties and amerciaments of all transgressors aforesaid as due unto the Admirall together with the goods of Pirats Felons capitall faulters their receivers assisters attainted convict condemned outlawed or horned Item wayffe or stray goods wreck of sea cast goods Item deo dando that is to say the thing whether Boat or Ship c. that caused the death of a man or whereout-of a man did perish Item shares lawfull prizes or goods of the enemy siclike Lagon that which was found lyand at the sea ground and Flotson that is found swimming upon sea and Ietson which is cast forth of the sea to the shoare and coast with anchorages beaconages meare swine Sturgeons Whales c. and all fish of extraordinary greatnesse called regall fishes which all are allowed in great Brittaine France and other noble kingdomes to the Admirals by their Soveraigne for the better maintenance of their estate iurisdiction and conservancie on seas rivers flouds roads ports harbours channels sayling fishing and all trading there as altogether and chiefly committed to the care maintenance and protection of the Great Admirall TIT. III. Of the Admirall Clerke THe Clerke of the Admirall Court beside that he should be very skilfull faithfull and give his solemne oath thereupon at his admission and beside the poynts of his office requisite and common to all Clerkes of other Courts hee should have divers Registers as for congees saueconducts pasports sea-briefes as without which no shippe should passe to the sea in time of warre not yet to farre voyages in time of peace which no other Iudges nor Governours should give forth but the Admirall onely Item one other Register for the reports of the Skippers and Captains at their return to the Admirall also Item one other Register for the names of Merchants and Passengers and Owners for the Skipper is holden to give-up the said persons by name And because no man ought to take upon him to be a Master or Pilot without due tryall of his skill even so ought his triall to be registred in the Admirall his bookes But within the water of Thames this tryall and registration of Pilots pertaines to the Trinitie-house Lastly all money lent to hazard upon the sea called of old Pecunia trajectitia for certaine profit called Foenus nauticum for the which the Lender was wont to beare the perill against the manners of these avaricious daies their lendings I say and billes of assurance should be done before the Admirall Clerke To conclude